decision is made. You can find advice on our previous website on: What should happen when an employee raises a formal workplace grievance. If the employee still says they cannot attend or if they go on extended sick leave, the employer should see if it would help to make other arrangements. You can read more details in Appendix 4: Dealing with absence inÂ Discipline and grievances at work: the Acas guideÂ (PDF, 841KB, 79 pages). There are no statutory requirements in relation to the timing of disciplinary or grievance hearings. We suggest the following timescales: First written warning / Improvement notice — 6 months Final written warning — 12 months. The essential read for HR professionals: the Acas guidance on disciplinary hearings. Our friendly employment law experts can give you the answers you need to keep your business safe over the phone. conciliation process visit: www.acas.org.uk Disciplinary hearings Before the hearing - Your employer should let you know; in writing the details of the complaint against you; the disciplinary procedure to be followed; and that you must attend a disciplinary hearing. The employee will be entitled to representation by a recognised trade union representative or a fellow employee. 2.4 The disciplinary action taken when the facts of the … However, 48 hours might be absolutely impractical in situations where the issues are complex, the evidence needed is varied and witnesses are unavailable. If you like, you can tell us more about what was useful on this page. The steps an employer should take to investigate a disciplinary or grievance issue. Dismissal. 24 hours notice, for example, is unlikely to be regarded as reasonable. This right stems from the more basic right that accused employees have to defend themselves against the charges brought. The hearing is the chance for both the employer and the employee to state their case. ... Company should have a disciplinary policy. New Acas guidance on holding disciplinary and grievance meetings without meetings (UK) By David Whincup on May 7, 2020 Posted in Dismissal, Unfair dismissal Neatly timed to coincide with the beginning of the end of lockdown, ACAS has this week has issued some new thoughts on the conduct of disciplinary and grievance proceedings during the pandemic. You won’t hear any confusing jargon, either. This might mean allowing someone else to attend, for example a support worker or someone with knowledge of the disability and its effects. The ACAS Code and Some Other Substantial Reason (“SOSR”) Dismissals. Even if the employee does not attend the hearing the employer should proceed to present the evidence to the chairperson. If the employer reaches a decision, they should tell the employee in writing and tell them of their right of appeal. Go to www.acas.org.uk for more details. Step 5: Deciding on the disciplinary outcome. It's less than 48 hrs notice, is that right? We're still building this section of the new Acas website. The allegations against you are: 2.1 2.2 2.3 3. You have the right to be accompanied to the disciplinary hearing by a colleague or trade union representative. If the employee still refuses to or cannot meet, the employer will need to look at the case and come to a reasonable decision. For example, some employment contracts might allow for a professional support body, partner, spouse or legal representative. For more details on holding disciplinary hearings, you can use Discipline and grievances at work: the Acas guideÂ (PDF, 841KB, 79 pages). Notification of this hearing should be given in writing - with at least 48 hours’ notice. This will depend on the nature of the disciplinary issue and the investigation requirements. The Acas Code of Practice on Disciplinary and Grievance Procedures offers useful practical guidance and sets out principles for handling the situation. Crucial need-to-knows during a disciplinary hearing. The Right to be Accompanied. In the UK it is 48 hours or 2 working days (Minimum). Less than 48 hrs notice to attend disciplinary meeting?! The hearing should be held as soon as possible after the investigation, while giving reasonable time for the employee to prepare. Employers can, but do not have to, allow companions who do not fall within the above categories. This is the ultimate sanction of a disciplinary hearing. What you can do if you think your disciplinary or grievance outcome is not right. The employee must be given at least 48 hours’ notice of a disciplinary or performance hearing. So if the disciplinary evidence consists of 3 lever arch files of material, a notice period of 2 days would be unreasonable. This right is set out in sections 10-15 ERelA 1999. For more details on holding disciplinary hearings, you can use Discipline and grievances at work: the Acas guide (PDF, 841KB, 79 pages). (14 Posts) Add message | Report. During the disciplinary hearing the employee should be given the opportunity to respond to the allegations in full. 2.1 All steps in relation to disciplinary procedures will be carried out by the Company within a reasonable time. In order to give less than that the parties would have to agree, and such agreement should preferably be in writing. 2.3 At all stages you will have the right to be accompanied by a fellow Employee or trade union representative. But you don’t need to spend hours reading through hundreds of pages of guidance on the ACAS website. Details of the date and time of the meeting should be provided as soon as possible. Hold the hearing before disciplinary action is taken to ensure the employee has an opportunity to challenge the evidence before a final decision is taken against him. Must a disciplinary or grievance hearing be held during an employee's normal working hours if these are outside normal office hours? Itâs a good idea for the employer to take some time after the hearing to consider the case carefully before making aÂ decision. A grievance procedure is used to deal with a problem or complaint that an employee raises. At the end of the hearing It’s a good idea for the employer to take some time after the hearing to consider the case carefully before making a decision. For example, if the employee is off with stress and is worried about coming to the workplace, they could hold the meeting somewhere else. The ACAS Code recommends that the person dealing with the disciplinary hearing should be someone different to the investigator. The employee should tell their employer as soon as possible who they want to be their companion so arrangements can be made in good time. obtained. Coronavirus (COVID-19): latest advice for employers and employees. The disciplinary enquiry will take on a formal format. The following guidelines apply to all disciplinary hearings under all the stages of the formal disciplinary procedure, namely, the: • oral warning stage• written warning stage• final written warning stage• dismissal stage Make sure DH accompanied if possible by union rep or colleague. Deciding if a disciplinary or grievance procedure can still be carried out fairly during coronavirus. Acas provides information, advice, training, conciliation and other services for employers and employees to help prevent or resolve workplace problems. The employer, employee and employeeâs companion should make every effort to attend. Statutory notice is the minimum legal notice that can be given. Select the statement you most agree with: Supporting mental health in the workplace, Dealing with a problem raised by an employee, Please tell us why the information did not help, I cannot find the information I'm looking for. Fair and unfair dismissal, notice periods and pay, and employees' rights during the coronavirus pandemic. You will normally be given at least 48 hours notice of any disciplinary hearing. The steps an employer should take to deal with a disciplinary issue. This permits management to collect any evidence against you and it also allows you to put your case together and find someone who is willing to accompany you into the meeting, this can be a colleague or Trade union representative. In good time before the hearing, the employer should put in writing to the employee: The employee can also bring evidence to the hearing, for example emails, to show and talk about. Less than 48 hours is unlikely to be reasonable notice. And unlike ACAS opening hours, we’re here to take your call 24/7. After the hearing your employer should write to you as soon as possible, saying what action they’re going to take, and telling you about your right to appeal. Employers should give the employee: one week's notice if the employee has been employed by the employer continuously for one month or more, but for less than two years There are two types of notice period: statutory and contractual. ACAS can give advice and useful info on their website. The 5 key steps to prepare a professional disciplinary meeting. The employee’s right to sufficient opportunity to prepare has three facets: The employee should be given a minimum of 48 hours’ notice of the disciplinary hearing and offered the statutory right to be accompanied by either a work colleague or a trade union representative. A disciplinary procedure is used by an employer to address an employee's conduct or performance. Pls help! We cannot respond to questions sent through this form. We advise employers to give the employee 48 hours’ notice of the hearing, excluding weekends and public holidays, to allow the employee to prepare for the hearing. Disciplinary action. Coronavirus (COVID-19): latest advice for employers and employees. You are required to attend a disciplinary enquiry on (date) at (time) at the (place); 2. If the employee is absent or off sick for the disciplinary hearing, the employer should pause the disciplinary procedureÂ until they return to work. The employee should be given the chance to: The employeeâs companion should be allowed to: The employer may agree to allow the companion to answer questions on behalf of the employee. You won’t hear any confusing jargon, either. Did you get the information you need from this page? What happens if an employee's performance or attendance at work needs to be reviewed. Final written warning-With any formal disciplinary warning, you should stipulate how long this will remain on the employee’s personal record. Employees facing disciplinary hearings are entitled to many rights including that of the proper opportunity to prepare for the hearing in advance. The employee must choose their companion from one of the following: Under discrimination law, employers must make reasonable adjustments for disabled employees. 2.2 Where reasonably practicable, at least 48 hours’ notice will be given of the requirement to attend any disciplinary meeting. But this is not a legal requirement. Deciding if a disciplinary or grievance procedure can still be carried out fairly during coronavirus. If it is a very simple case, with little in the way of written evidence, eg, you were late on 15 occasions last month, then 2 days would be fine. We advise employers to provide the employee with 48 hours’ notice of the hearing, excluding weekends and public holidays, to allow the employee to prepare for the hearing. If you have a question about your individual circumstances, call our helpline on 0300 123 1190. Statutory or contractual notice period. Notification of a disciplinary hearing If opportunities to improve performance have not been taken, an employer may feel that there is no other course of action than to take an employee to a formal hearing. Instead, we make sure you understand the exact steps you need to take to solve the issue without making a … July 2020 Information in this guide has been revised up to the date of publication. letter templates forÂ giving an employee notice of a disciplinary meeting, Discipline and grievances at work: the Acas guide, Download disciplinary meeting letter templates, Acas Code of Practice on disciplinary and grievance procedures, Download Discipline and grievances at work: the Acas guide (PDF, 841KB, 79 pages), the alleged misconduct or performance issue, any other information they plan to talk about, the date, time and location of the hearing, information on the employeeâs right to be accompanied to the hearing, a workplace trade union representative who's certifiedÂ or trained in acting as a companion, explain the employeeâs alleged misconduct or performance issue, call relevant witnesses (with good notice), respond to any information given by witnesses, choose if their companion can speak for them at the hearing, respond for the employee to any comments or points made at the meeting, talk with the employee during the hearing, sum up the employeeâs case at the end of the hearing, tell the employee what happens next and give a timeframe, take a written confidential record of the hearing, any rules their workplace has for dealing with failure to attend disciplinary meetings, how their workplace dealt with similar cases in the past, the seriousness of the disciplinary issue, the employeeâs disciplinary record, general work record, work experience, position and length of service, getting a medical opinion on whether the employee is fit to attend the meeting (with the employeeâs permission). For more information, go to the Acas website at www.acas.org.uk Have the hearing on the date and time proposed. Campbell v Mitie Managed Services Ltd (employment tribunal) Although it is a statutory right, the Acas code reminds employers of the requirement to allow the employee to be accompanied at a disciplinary hearing. DH should ask for a copy. When to arrange a disciplinary hearing. Depending on the complexity of the matter, five working days’ notice for a disciplinary hearing would generally be considered reasonable but in any event, there should be no unreasonable delay while allowing sufficient time for you and the employee to prepare for the meeting. This is called âthe right to be accompaniedâ. The 4 most important follow-ups to protect yourself in case of an appeal. There is no specific legal timescale in which a disciplinary appeal hearing should be held. Supporting mental health in the workplace, Dealing with a problem raised by an employee, Investigations for discipline and grievance: step by step, Appealing a disciplinary or grievance outcome, Disciplinary and grievance procedures during the coronavirus pandemic. The practice and regulations have always recommended 48 hours. We listen to your questions with care to get a full understanding of the issue before giving you clear advice based on the ACAS Code of Practice. When formal disciplinary proceedings start with the employee they should be given at least 48 hours notice of the meeting and would be provided a list of the concerns/allegations against them in the meeting invitation so they have time to prepare their responses and … However, para.26 of the Acas code of practice on disciplinary and grievance procedures provides that appeals should be heard without unreasonable delay, and ideally at an agreed time and place. _____will give an employee at least 48 hours notice of a disciplinary enquiry and such notice will not take place over a weekend. Please do not include any personal details, for example email address or phone number. Although failing to follow the code isn’t unlawful, a tribunal will take this into account when ruling on relevant cases. Dismissals Fair and unfair dismissal, notice periods and pay, and employees' rights during the coronavirus pandemic. By law, an employee or worker can bring a relevant person (âcompanionâ) with them to a disciplinary hearing. Document 1M – Notice to appear for Disciplinary hearing NOTICE TO APPEAR FOR DISCIPLINARY HEARING To: Dear DISCIPLINARY ENQUIRY 1. I always aim to give a minimum of 48 hours notice in order to allow people time to arrange to be accompained as I work predominantly in the care sector where continuous staff cover is required and can therefore take a bit of organising for someone else as well as the person required to be at a disciplinary hearing to be away from work. 5. Where the investigation shows the employee has a case to answer, the employer should ask them to a disciplinary meeting or âhearingâ. You will be invited to a disciplinary hearing and should be given sufficient time to prepare for it. Not allowing the employee to be accompanied at a disciplinary hearing.
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